Kogarah City Council v Armstrong Alliance Pty Ltd (No 2) [2013] NSWLEC 32

Kogarah City Council v Armstrong Alliance Pty Ltd (No 2) [2013] NSWLEC 32

The construction certificate was invalid because it was issued in breach of statutory requirements mandating consistency with the development consent; there is utility and necessity in a declaration of its invalidity; the certifier's submitting appearance does not preclude a costs order against him.

Parties
Applicant: Kogarah City Council; First Respondent: Armstrong Alliance Pty Ltd; Second Respondent: Lyall Ernest Dix
Jurisdiction
Australia
Judgment Date
15 March 2013
Procedural Posture
Class 4 Judicial Review / Civil Enforcement / Final Orders by Consent
Outcome
Declaration granted; orders by consent; costs ordered against first and second respondent
Legal Topics
Declarations and Injunctions, Development Not in Conformity With Consent, Construction Certificate Invalidity, Utility of Declaration, Costs Against Certifier
Planning Law Administrative Law Declarations and Injunctions Development Not in Conformity With Consent Construction Certificate Invalidity Utility of Declaration Costs Against Certifier

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Parties

Kogarah City Council

Applicant

Armstrong Alliance Pty Ltd

First Respondent

Lyall Ernest Dix

Second Respondent

Procedural Posture

Class 4 Judicial Review / Civil Enforcement / Final Orders by Consent

Legal Issues

  1. 1 Whether the construction certificate was invalid due to inconsistency with development consent
  2. 2 Whether declaratory relief should be granted
  3. 3 Appropriateness of costs order against submitting certifier

Ratio Decidendi

The construction certificate was invalid because it was issued in breach of statutory requirements mandating consistency with the development consent; there is utility and necessity in a declaration of its invalidity; the certifier's submitting appearance does not preclude a costs order against him.

Court Disposition

Declaration granted; orders by consent; costs ordered against first and second respondent

Orders

  • Declared invalid the construction certificate issued by Dix Gardner Pty Ltd dated 25 May 2011 and numbered 137/11.
  • Released the first respondent from the undertaking given to the Court on 23 December 2011.